What the panel ordered
Affirmed the November 9, 2023 Findings of Fact denying a second Return-to-Work Supplement Program benefit
Petition for reconsideration of the November 9, 2023 Findings of Fact by the WCJ denying a second Return-to-Work Supplement Program benefit under Rule 17302(b)
This docket was decided more than once. Shown here is the latest released decision; we also hold January 26, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found no basis to liberally construe 'injury' to include continuing injury and upheld the regulation prohibiting a second RTWSP benefit except for a subsequent injury voucher.
From the decision · page 1Applicant seeks reconsideration of the November 9, 2023 Findings of Fact, wherein the workers' compensation administrative law judge (WCJ) found that applicant is not entitled to a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b). Rule 17302(b) prohibits a second or subsequent RTWSP benefit "except where the individual receives a Voucher for an injury which occurs subsequent to receipt of every previous Return to Work Supplement." (Cal. Code Regs., tit. 8, Rule 17302(b).)